P.v . Milner
The jury found defendant Roderick Milner guilty of the first degree murder of Darnell Humphrey[1](Pen. Code, 187, subd. (a))[2]and the attempted murder of Maurice Edwards ( 664, 187, subd. (a)), finding defendant committed the offenses by personally and intentionally firing a handgun ( 12022.53, subd. (d)) and for the benefit of a criminal street gang ( 186.22, subd. (b)(1)). Defendant received a total term of 50 years to life for the murder and the firearm enhancement, plus 10 years for the gang enhancement. A concurrent term of 25 years to life was imposed for the attempted murder.[3]
In his timely appeal, defendant contends (1) his attempted murder conviction must be reversed because there was constitutionally insufficient evidence of defendants specific intent to kill Maurice; (2) the admission of testimony by Deputy Medical Examiner Vadims Poukens, as to the murder victims autopsy results, violated defendants right to confront witnesses under the Sixth Amendment and the state evidentiary law proscription against an expert witness testifying on direct examination as to the content of reports prepared by a nontestifying expert; (3) there was constitutionally insufficient evidence to support the gang enhancement as to the attempted murder of Maurice; (4) the trial courts imposition of the 10 year gang enhancement, rather than a 15 year minimum parole eligibility date, resulted in an unauthorized sentence; and (5) the court failed to credit him with the actual time he spent in custody prior to sentencing. Court agree with defendants sentencing contentions, but otherwise affirm.
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